投票权信托的本土化方式探讨

肇端于英国的信托制度在美国获得了极大的发展,其弹性机制被运用于众多的领域,投票权信托就是信托制度在美国公司法中的一种发挥.它是享有投票权的股东根据协议将其股份转让给受托人,由受托人持有该股份并行使投票权.投票权信托的灵活机制在促进公司治理与保护中小股东利益方面有着独特的价值,故中国目前应着手引进该制度.

Research into the Indigenization of Voting Trust

Although stemming from England, the system of trust developed greatly in America, and its flexible mechanism was used in many fields voting trust is one form of trust system in American Corporation Law. Voting trust means that the shareholder who owns the right of voting assigns his shares to the trustee in accordance with the agreement, thus the trustee possesses the shares and has the right to vote. Because of the flexibility of the system, voting trust has special value in improving the corporation governance and protecting the interests of minor shareholders. So China is supposed to introduce the system at present.